In a case AK reported last weekend, here are the materials in ERTC LLC v. Los Coyotes Band of Cahuilla and Cupeno Indians (S.D. Cal.):
DCT Order Denying TRO against Los Coyotes
And another motion pending:
sovereign immunity
Los Coyotes Tribe Evicts Military Training Center
The first part of the article from Sign On San Diego:
The Los Coyotes Indian tribe can evict the military training center that has been operating on its remote North County reservation since last year, according to a ruling a federal judge issued Friday.
U.S. District Court Judge William Q. Hayes refused to grant a temporary restraining order against the tribe, which would have barred it from evicting ERTC LLC, formerly known as the Eagle Rock Training Center. The business, which caters to the military and law enforcement, insists it has a valid 25-year lease to conduct business on virtually the entire 25,000-acre North County reservation.
More Bad Press on Tribal Payday Lending Companies
Two points on payday lenders that should be apparent by now:
1. Read the Nebraska Supreme Court decision in StoreVisions v. Omaha Tribe, where the court held that tribal immunity was waived where the tribal chair and vice chair signed a waiver document (without constitutional authority to waive immunity) in the presence of other council members, and which the court held the presence of the other council members was sufficient to waive tribal immunity. Courts will find a way to find a waiver.
2. Read David Fredericks’ rendition (pp.217-18) of the oral argument before the U.S. Supreme Court in C&L Enters. v. Citizen Potawatomi, where the Court directly asked the CPN attorney about the way tribes view immunity, and the deeply off-put reaction from the Court by the answer. In fact, here is that exchange (well worth the read):
Challenge to Colville Membership Decision Dismissed by Federal Court
Here are the materials in Desautel v. Dupris (E.D. Wash.):
Omaha Tribe v. StoreVisions Cert Petition
Filed yesterday, I’m told:
Question presented:
Is apparent authority sufficient to bind an Indian tribe to a waiver of the tribe’s federally protected sovereign immunity, when the purported waiver is executed by a tribal official acting outside the scope of his actual authority?
Lower court materials are here.
Federal Court Denies Injunction Requested by Gas Station Opposing Tribal Gas Prices
Here are the materials in Salton Sea Venture, Inc. v. Ramsey (S.D. Cal.):
Malaterre v. Amerind Risk Management is SCOTUSBlog Petition of the Day
Here:
The petition of the day is:
Malaterre v. Amerind Risk Management Corp.
Docket: 11-441Issue(s): Whether a tribal business corporation formed pursuant to 25 U.S.C. § 477 with the aim of insuring Indian Housing Authorities may properly invoke tribal sovereign immunity as a ground for avoiding its contractual obligation to provide insurance coverage for liability claims arising from injuries sustained by tribal-member tenants in Indian housing units.
Certiorari stage documents:
Opinion below (8th Cir.)
Petition for certiorari
Ninth Circuit Dismisses James Parks’ Discrimination Complaint against Tulalip
Here is the unpublished opinion in Parks v. Tulalip Casino Resort.
Lower court materials are here.
State v. Youde–Washington Trial Court Holds Law Enforcement Cooperative Agreement Does Not Waive Tribal Immunity
Here are the materials, which involved an effort by a state criminal defendant arrested on Tulalip Tribes territory to subpoena tribal records (the Tribes appeared to have argued they had no relevant records):
State v. Youde, Order Quashing Subpoena
Youde Memorandum of Authorities 092711
second Response to Objection to SDT
Federal Court Dismisses Challenge to Puyallup Tax Agreement
Here are the materials in Miller v. Wright (W.D. Wash.):
Turtle Talk 
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